So Kyle Bass and his Coalition for Affordable Drugs have been handed a defeat in their first PTAB final written decision. The merits of the case aside, the biggest question in my mind is: can the Coalition appeal?

The PTAB has rules for sealing evidence, but they are different from those in district court, like much else at the PTAB. Both parties in Google Inc. v. Summit 6 LLC, IPR2015-00806, got tripped up by them.

The PTAB does sometimes make mistakes and isn't shy about owning up to them. As long as a rehearing request identifies a dispositive misunderstanding or omission by the Board, it stands a good chance of success.